The Obama Justice Department claims in its motion that litigation over the wiretapping program would require the government to disclose privileged "state secrets."

Obama, who criticized Bush for overusing the State Secrets Privilege Act during the election, seems to be following his example, which troubles a lot of those who voted for him.

The State Secrets Privilege Act is an evidentiary rule created by U.S. legal precedent back in 1953. It allows the exclusion of evidence from a legal case based solely on an affidavit submitted by the government stating court proceedings might disclose sensitive information which might endanger national security and military secrets.

This is not the first case regarding the wiretapping issue. There was a law suit against a major U.S. telecom company, AT&T, for handing the information about their customers to the NSA in 2006. At that time, the government dismissed it.